HomeMy WebLinkAboutVista Sanitation Department CITRON B. FRANK H. FAWCO; 1972-08-02;AGREEMENT FOR METHOD OF HANDLING
FILL ALONG SEWER EASEMENT, FROM
JEFFERSON STREET 2500 FEET EASTERLY
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THIS AGREEMENT, made and entered into this.,,J)t-d'.'.'day
of a.~, 1972, by and between the VISTA SANITATION
DISTRICT, STATE OF CALIFORNIA, hereinafter called VSD, and
CITY OF CARLSBAD, STATE OF CALIFORNIA, hereinafter called the
City, and BERNARD CITRON, HARRY J. L. FRA.~K, JR. and FAWCO, a
partnership, Owners of affected land, hereinafter jointly
called the Owner.
WITNESS ETH:
WHEREAS, the Owner of the property described as
Assessor's Parcels Nos. 154-16-17; 154-16-18; 154-16-19;
167-26-15 has agreed to execute and deliver to VSD and the
City an Easement Deed for a future sewer line located ten
(10) feet to the north of and contiguous to the existing fifteen
(15) foot easement along the north side of subject parcels.
The exact location of such ten (10) foot easement shall be
determined by Owner and the form of such easement deed shall be
identical to the form of the existing easement, a copy thereof
shall be attached hereto as Exhibit A and thereby be made a
part hereof.
W''tlEREAS, the VSD and CARLSBAD are willing to agree to
certain conditions as a consideration for the execution by the
Owner of said Deed; and
WHEREAS, the Owner is desirous of conveying said
parcel in return for consideration sufficient only to permit
filling of land in the vicinity of a VSD sewer line in the
existing easement and abutting that property to be dedicated,
and pursuant to a Grading Permit No. 72-010 to be granted by
City, in accordance with the requests contained in
Owner's application therefor, including any additions thereto
or changes thereof.
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NOW, THEREFORE, it is mutually agreed as follows:
1. This document sets forth the full agreement of
the parties in relation to the said dedication by the Owner.
2. The City is authorized to record said Deed upon
the filing by Owner of the Notice of completion of the grading
and fill operation referred to herein or six (6) months from
the granting of the permit therefor, whichever occurs first,
provided however that if such grading and filling operation
is curtailed or delayed beyond six months by a reason or
reasons beyond control of Owner, said Deed shall not be recorded
until Owner has filed a Notice of Completion with respect thereto.
Until such time as said Deed is recorded, it shall be held in
escrow at: Oceanside Federal Savings & Loan Association,'
· ~Carlsbad,_ Cali -Fornia. · · · · · · · · ·
and shall be recorded only in accordance with this Agreement.
3. The owner has engaged the services of Woodward,
Gazienski & Associates, which firm has been approved by the City
and the VSD as a competent Soils Engineer to provide analysis
and surveillance of soil conditions before, during and after
filling operations.
4. The Soils Engineer under direction of Owner shall
provide the City reports of surveillance and inunediately notify
the City of excess settlements of VSD sewer line.
5. The Owner will install an earth fill over the
existing 15 foot easement across his property and over an
additional 18 foot wide strip north of and contiguous to the
existing easement, the depth of such fill to be sufficient to
place the top elevation of the fill at the anticipated 10-year
flood level, which is estimated to be approximately 5 feet.
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6. The Owner will schedule fill operations over a period as recommended
by the Owner's Soil Engineer.
7. The Owner will grant a 15 foot wide easement to provide permanent
reasonable access across Owner's adjacent land in the City of Oceanside
north of the existing easement for sewer pipe line. The details of such
easement shall be subject to the approval of both parties and shall be
attached hereto as Exhibit B. In the future Owner in his sole discretion may
determine an exact description of said easement and upon such determination
shall record an Easement Deed. The easement shall touch the easterly 1/2
of the 10 foot easement referred to hereinabove. Upon recording such per-
manent easement, said access shall be finally determined and the easement,
Exhibit B, shall be extinguished along with Owner's obligation under this para-
graph.
8. The Owner shall not be liable to City or to VSD for any damage to the
existing sewer line caused by Owner's activities as required herein, subject
to the condition that Owner shall at all times exercise reasonable care, shall
comply with all recommendations of the Soils Engineer, and shall also comply
with all reasonable requests from City regarding fill procedures, provided
Owner L!!~X£es~ .. gLthE= .fi!l __ ).evel referred to in Para,gr~h 5 above, Owner ..
. shall be liable to City for any damage to the line so caused. Nothing herein
contained shall be construed as limiting any and all liability of Owner under
the law for damage to the existing sewer pipe line which results from Owner's
fill operation in the City of Oceanside adjacent to the sewer pipe line referred
to herein.
9. The Owner will provide a television recorded review of the VSD sewer
line between VSD pump station and the first sewer line manhole located to
the easterly thereof before construction and fill operations begin,
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and City and VSD agree to reimburse Owner for one-half (1/2)
of the line cost thereof (exclusive of all set-up costs), and
City and VSD will provide a television recorded review of such
portion of the line after completion of the grading and fill
operation,. the cost of such second review to be similarly
shared. City agrees that it will use its best efforts to have
State of California provide the above reviews.
10. VSD and the City will be responsible for raising
the manholes affected by earth fill referred to in Paragraph 5
to meet the new grade.
IN WITNESS WHEREOF, the parties hereto have affixed
their hands and seals the day and year first above written.
AS TO FORM:
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A. MOE, City Ji.ttorney
ATTEST: ,
Clerk
VISTA ANITATION DISTRICT
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Attorney, VISTA SANITATION DISTRICT
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FAWCO, a partnership
CITY OF CARLSBAD
VISTA SANITATION DISTRICT